Business and Human Rights in Asia: Duty of The State to Protect


In this book the authors examine the State’s duty to protect human rights in Asia amidst rising concern over the human rights impact of business organisations in Asia. States in the region have recently begun to consider the need for rules and policies in this area. This work examines the upswing in interest in business and human rights (BHR). It focuses on the duty of the State in the region to uphold their existing obligations, which has hitherto been understudied. It examines a range of inter-connected issues: the advent of international standards, the UN Guiding Principles on Business and Human Rights, the challenges inherent in the formulation of National Action Plans on business and human rights, the need for improved legislation and policies, access to remedies and conflicts with indigenous peoples over business activities. The book also treats innovative themes such as BHR in the era of smart cities, ethical consumer behaviour and a human rights management system, which are emerging areas of enquiry in relation to business and human rights. It concludes with a range of critical issues to be addressed, including the need for an assessment of COVID-19 pandemic’s impact on BHR in Asia and beyond. This book is part of Asia Centre’s exploration of the nascent  regional human rights architecture that is facing significant challenges in protecting human rights. The body of work offered by this book showcases the progress achieved and challenges across Asia.

Table of contents

  • Introduction: Business and Human Rights in a Complex
    Westphalian Order. Gomez, James; Ramcharan, Robin
  • Chapter 2: Does the slipper fit? National Action Plans on Business and Human Rights in South East Asia. White, Michael
  • Chapter 3:National Action Plans on BHR: Norms, Procedures, Pitfalls. Gomez, James; Ramcharan, Robin
  • Chapter 4: Multinational Corporations and Human Rights in Indonesia: The Need for Improvement in Legislation. Ghufron, Nurul; Evanty, Nukila
  • Chapter 5: All Carrots and No Stick: Human Rights Regulation of Companies in Japan. Takahashi, Saul
  • Chapter 6: States’ Rights to Development of Natural Resources versus Indigenous People’s Rights: Resource Corporations and Free, Prior and Informed Consent. Storey, Matthew
  • Chapter 7: Effect of Minimum Wage on Employment Security: The Case of Precarious Workers in Myanmar. Nguyen, Hanh; Lin, Min Zar Ni; Ngwenya, Samukelisiwe
  • Chapter 8: Recent Development on the Access to Remedy in Business and Human Rights in Indonesia. Prihandono, Iman; Religi, Fajri Hayu
  • Chapter 9: The Current State of Affairs for Access to Remedy for People and Communities Affected by Alleged Arbitrary Takings of Land in the Agribusiness Industry in ASEAN. Soa, Socheata
  • Chapter 10: As Smart Worlds Collide: Citizen Agency and Human Rights in the Smart City. Woodier, Jonathan; Zingerle, Andreas
  • Chapter 11: Towards an Empirical Understanding of Ethical Consumption in Southeast Asia. Polomski, Daniel; Klukas, Emily; Mullen, Matthew
  • Chapter 12: Designing a Human Rights Management Systems Standard Framed By the Value Of Human Life: A Practical Approach to Business Enterprise Human Rights in Asia. Sadlier, Robert
  • Chapter 13: Conclusion-State’s Duties To Protect: New Issues in the Post-COVID 19 Era. Gomez, James; Ramcharan, Robin